BILL NUMBER: SB 1199	CHAPTERED  10/10/99

	CHAPTER   957
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 17, 1999
	AMENDED IN SENATE   MAY 10, 1999
	AMENDED IN SENATE   MAY 3, 1999
	AMENDED IN SENATE   APRIL 19, 1999

INTRODUCED BY   Senator Costa
   (Coauthors:  Senators Baca, Johannessen, Karnette, Morrow,
Polanco, Poochigian, and Rainey)
   (Coauthors:  Assembly Members Briggs, Campbell, Cox, Florez,
Havice, House, Kuehl, Leach, Oller, Robert Pacheco, Reyes, Scott, and
Zettel)

                        FEBRUARY 26, 1999

   An act to amend Section 3058.6 of, and to add Sections 3058.4 and
3058.9 to, the Penal Code, relating to child protective services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1199, Costa.  Child protective services:  reports.
   Existing law establishes procedures for notifying appropriate
local government officials of the release or parole of persons
convicted of violent crimes and for reporting to a child protective
agency suspected incidents of child abuse and neglect.  Under
existing law, when an inmate who is serving a term for committing a
violent felony is scheduled to be released on parole, the paroling
authority is required to notify the local law enforcement authority
of the community into which the inmate is scheduled to be released
upon parole.
   This bill additionally would require, with respect to the latter
provision, that the paroling authority notify the local law
enforcement authority of the community in which the inmate was
convicted.  This bill also would require parole officers to report to
the appropriate child protective agency if a person paroled
following conviction of specified child abuse offenses or any sex
offense identified in statutory law as being perpetrated against a
minor victim has violated a term or condition of parole restricting
contact with the victim or the victim's family.  This bill would
require the Department of Corrections to annually provide parole
officers with a written summary of this duty and their duty to report
suspected incidents of child abuse and neglect.
   This bill would require the Board of Prison Terms and the
Department of Corrections, as appropriate, to notify local law
enforcement having jurisdiction over the community in which the
parolee was convicted and the community to which the parolee is to be
released, when the parolee was convicted of specified child abuse
offenses or any sex offense identified in statutory law as being
perpetrated against a minor victim.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3058.4 is added to the Penal Code, to read:
   3058.4.  (a) All parole officers shall report to the appropriate
child protective agency if a person paroled following a conviction of
Section 273a, 273ab, or 273d, or  any sex offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
   (b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.
  SEC. 2.  Section 3058.6 of the Penal Code is amended to read:
   3058.6.  (a) Whenever any person confined to state prison is
serving a term for the conviction of a violent felony listed in
subdivision (c) of Section 667.5, the Board of Prison Terms, with
respect to inmates sentenced pursuant to subdivision (b) of Section
1168 or the Department of Corrections, with respect to inmates
sentenced pursuant to Section 1170, shall notify the sheriff or chief
of police, or both, and the district attorney, who has jurisdiction
over the community in which the person was convicted and, in
addition, the sheriff or chief of police, or both, and the district
attorney, having jurisdiction over the community in which the person
is scheduled to be released on parole or rereleased following a
period of confinement pursuant to a parole revocation without a new
commitment.
   (b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3).  In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside.  The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
   (2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
   (3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
   (4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release.  Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release.  Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released.  The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release.  The
comments shall become a part of the inmate's file.
   (c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
   (d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
   In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole.  If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
  SEC. 3.  Section 3058.9 is added to the Penal Code, to read:
   3058.9.  Whenever any person confined to state prison is serving a
term for the conviction of child abuse pursuant to Section 273a,
273ab, 273d, or any sex offense identified in statute as being
perpetrated against a minor victim, or as ordered by any court, the
Board of Prison Terms, with respect to inmates sentenced pursuant to
subdivision (b) of Section 1168 or the Department of Corrections,
with respect to inmates sentenced pursuant to Section 1170, shall
notify the sheriff or chief of police, or both, and the district
attorney, having jurisdiction over the community in which the person
was convicted and, in addition, the sheriff or chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole
or rereleased following a period of confinement pursuant to a parole
revocation without a new commitment.
   (b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3).  In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside.  The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
   (2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
   (3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
   (4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release.  Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release.  Those
comments shall be considered by the board or department, which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released.  The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release.  The
comments shall become a part of the inmate's file.
   (c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole or released following a period of confinement pursuant to a
parole revocation without a new commitment.
   (d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
   In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole.  If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
   (5) The notice required by this section shall satisfy the notice
required by Section 3058.6 for any person whose offense is identified
in both sections.
